Aryan Khan in conscious possession of drugs: Judge on rejected bail plea

Aryan Khan, son of Bollywood superstar Shah Rukh Khan, was in “conscious possession” of contraband as he was aware that his friend, travelling with him, was carrying illegal substances, a special court said in its detailed order as it rejected his bail plea today.   

Arbaaz Merchant and Aryan were apprehended at the international cruise terminal where they had arrived to board the cruise on October 2. 

Also Read | Aryan Khan a victim of vendetta: Shiv Sena leader petitions Supreme Court

While Aryan wasn’t found in possession of drugs, Merchant was found having six grams of charas on him. The two had allegedly stated that they planned to consume the contraband on the cruise together, which the court relied on during the hearing. 

“In the present case, although no possession is found from accused number 1 (Aryan), six grams of charas was found from accused number 2 (Merchant) of which Aryan had the knowledge and thus it can be said that it was in conscious possession of both the accused,” the court said, as per an NDTV report. 

Additionally, the court relied on WhatsApp chats it had received. “During course of arguments WhatsApp chats were shown to the court. Perusal of Whatsapp chats reveals that there are chats of accused number 1 (Aryan) about drugs with unknown persons. There is also reference to bulk quantity and hard drug in the chats. There is prima facie material showing that accused number 1 was in contact with persons dealing in prohibited narcotic substances alleged by the prosecution,” the court said.

While Merchant’s lawyer contended that there was no panchanama to indicate that the phones were confiscated, the court ruled that a certificate under the Indian Evidence Act was not required at this level of the investigation. It also agreed with the NCB’s claim that Merchant and Aryan had voluntarily surrendered their phones.

The court noted that the chats showed a nexus between the two with suppliers and peddlers. 

“WhatsApp chats prima facie reveals that accused number 1 (Aryan) is dealing in illicit drug activities of narcotic substances on regular basis. Therefore it cannot be said that accused no 1 is not likely to commit similar offence while on bail,” special judge V V Patil said.

The court also stated that there was prima facie evidence of conspiracy, which would be addressed in further detail during the trial.